BY VADIM REZNICHENKO, HEAD OF PRACTICE, A.T.LEGAL

The Ministry of Justice has prepared a draft of the new Code on Administrative Offences (CAO). Car drivers will have to get used to a number of existing sanctions, penalties for dangerous driving and systematic violation of traffic rules, and temporary license limitation before trial. But they will get a chance to get rid of the status of a violator, which is now valid for one year, as soon as the fine is paid.

In the new draft of the CAO RF the approach of the legislator regarding the system of fines has not undergone fundamental changes. It is proposed only to increase fines for some offenses in the field of road traffic and to introduce responsibility "with rubles" for new violations (for example, for dangerous driving). We believe that these measures will contribute to the normalization of the situation on Russian roads. Existing sanctions for a number of violations of the CAO RF, as practice shows, do not stop drivers from unlawful behavior. The introduction of independent and increased responsibility for driving in a state of intoxication, when there is a child in the cabin, seems justified. The driver puts not only himself, but also children at risk. Proposals to introduce liability for repeated failure to comply with the demands of the authorities to stop and for systematic gross violation of the traffic rules seem to be not devoid of sense as well.

The proposal to deprive drivers of their license for three months in case of repeated driving with unreadable license plates contains a significant corruption component. In the off-season, motorists may simply not pay attention to dirty license plates. It would not be right to deprive them of the driver's license for this, the fine is enough. In addition, the existence of the threat of losing their license for this violation will eventually lead to attempts to "negotiate" with traffic police officers, who, understanding the lack of real public danger of such a violation, will be more willing to agree to drivers' proposals "to resolve the issue on the spot".

It is worth mentioning the most "revolutionary" amendment - the temporary restriction of the driver's license until the case is considered by the court. The main claim to the novelty is that it has the same consequences for the citizen as the deprivation of the license, which is appointed only by the court, when the person has already been found guilty of committing an offence. In this case, it is correct to set off the period of temporary restriction of rights when calculating the period of deprivation of rights by court decision. But the bill does not provide for such credit, which is a significant infringement of citizens' rights. 

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